An interlocutory order is generally not regarded as final in the sense of barring a further application on the ground of res judicata: ‘Execution is essentially a matter of procedure – machinery which the Court can, subject to the rules from time to time in force, operate for the purpose of enforcing its judgments or orders.’ The right to sue on a judgment is a matter quite distinct from the right to issue execution under it.
Judges:
Scott LJ and Romer J
Citations:
[1948] 2 KB 331, [1948] 2 All ER 402
Statutes:
Jurisdiction:
England and Wales
Cited by:
Applied – National Westminster Bank v Powney CA 1990
The limitation period has nothing to do with the procedural machinery of enforcing a judgment when one was obtained. . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Limitation
Updated: 18 June 2022; Ref: scu.384112
